Workers Compensation Vs Federal Employers? Liability
Railroad workers face unique legal challenges when they are injured at work. In contrast to most workers’ compensation laws, railroad employees are able to sue their employers under federal law specifically the Federal Employers’ Liability Act (FELA).
To prevail in a FELA claim, railroad workers must be able to prove two things. First, the injury must be caused by the negligence of their employer.
Workers’ Compensation vs. FELA
Workers comp and FELA are both designed to compensate employees who suffer work-related injuries or illnesses. However they differ in number of ways. Specifically, FELA is only applicable to railroad workers, while workers’ compensation is applicable to a wide range of private and public sector jobs. FELA differs from workers’ compensation in that it is decided by the person who caused the accident, and how much damages are awarded, and the manner in which and where the cases are decided.
The risk of being injured is very high for those working on railroads and that’s why FELA was enacted in 1908. Congress passed this law to protect workers as well as their families and themselves in the event of injury on the job. In order to be compensated under FELA the worker must prove their employer has violated any federal law or regulation related to safety in the workplace. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.
In addition to providing financial compensation for the past and future loss of income and medical treatment, FELA provides for damages which aren’t covered under workers compensation, like suffering and pain. In contrast to a workers’ compensation claim, which is usually limited to a certain amount based on injuries and other injuries, a FELA claim may seek compensation for non-economic damages, such as emotional distress and loss of enjoyment life.
A distinction between FELA compensation and workers’ compensation is the requirement that, to be eligible for compensation under FELA the worker must show that the company was at least partially responsible for the injury. If the injury suffered by a worker is determined to be attributable to them their damages can be reduced. If a worker gets hurt because they were told to do something against company policy, and the company was held 50% accountable for instance, the company may be held at 50% accountable.
Workers’ compensation cases require a shorter timeline to file claims. In a FELA claim, the statute of limitations is three years from the time your injury occurred, whereas in a workers’ comp case, it’s one year. Therefore, it is important to speak with a FELA lawyer experienced in the earliest time you can after your injury.
FELA vs. State Law
If a railroad employee gets injured at work, he or her may file a claim either under the Federal Employers Liability Act or workers compensation. Contrary to the statutes for workers’ compensation that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent and that negligence was the cause of the worker’s injuries.
The FELA, which was passed in 1908, was enacted to provide compensation for railroad workers who have been injured because of their job. Prior to the enactment of this law, the death and injury rates among railroad workers were quite high. This led to the need for comprehensive coverage that goes beyond the workers’ compensation laws.
A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress. FELA claims can be filed in state court. In a recent case in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible for the FELA.
Similar to workers compensation as well, the FELA claim compensates the injured worker with compensation for lost wages, medical expenses and the cost of suffering. The basis for these damages is the fact that the railroad was liable for the injury or death because of its negligence or a violation of an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA plaintiff must prove that the injury or death was caused in whole or in part by the negligence of the railroad.
FELA cases improved tort law through the establishment of precedents for issues such emotional distress on the railroad injury fela lawyer, damages allocation and working conditions standards. In particular, FELA claims have brought national attention to an employer’s non-delegable duty to ensure that its employees are protected in their workplace. This includes off-site facilities such as private hotels where railroad employees may stay while traveling for business reasons. A railroad attorney can help those who have been injured to receive the full benefits he or can claim under FELA.
FELA vs. State Workers’ Compensation Laws
If workers are injured while on the job, he or she can apply for workers’ compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, like medical coverage, financial payments and loss of future earnings, they differ in important ways.
Unlike workers’ compensation, which allows employees to file a claim without proving their employer was responsible, FELA requires the injured railroad employee to prove that their employer violated a federal safety law that caused their injuries. This includes laws such as the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than a workers’ compensation claim as evidence of negligence must be presented.
FELA allows railroad workers who are injured to have their cases decided by a committee of their peers, and not the administrative authority overseeing workers compensation claims. FELA also does not limit the amount of compensation an injured worker could receive, while workers’ compensation claims do.
It is important to know the distinction between these two statutes, particularly for railroad employees who aren’t covered by state laws on workers’ compensation. They are required to take their cases to FELA. If you or a loved one has been injured as a railroad employee it is essential that you speak with a professional FELA lawyers.
Grossman Law Offices can help you understand the differences between the state laws governing workers’ compensation and FELA. Contact us today to speak with a lawyer. We are ready to help you get the most benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm, click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer no-cost consultations, and are available by telephone or in person to discuss your case. Our attorneys also operate on a contingency basis, which means you don’t pay until we win your case.
FELA against. State Workers’ Compensation Statutes
The Federal Employers’ Liability Act (FELA) allows railroad workers the right to sue their employers over injuries claims. Unlike workers’ compensation, which provides an amount that is fixed regardless of who is at fault for the accident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.
In addition to financial compensation, FELA provides for medical expenses, lost earnings (including future earning capacity), death benefits, and pain and suffering. Workers’ compensation, on the other hand, offers only temporary medical care and a fixed amount of money to cover long-term disability, which is often far lower than what a worker has lost.
The FELA law applies to railroads that operate in interstate or international commerce, and allows injured employees and their families to file an action against their employer for any damages resulting from the company’s negligence. This LibGuide offers a base for further research on this subject. The LibGuide contains links to online resources on the Villanova Law Library website. Some of these resources require a password for access.
This LibGuide is intended to serve as an aid to study for Villanova law students. Nothing in this guide should be construed as legal advice. If you need more assistance, please consult an attorney.
Many workers are unaware that FELA is a unique piece of legislation that grants special protections to railroad workers. Many people believe that FELA is similar to the state laws governing workers’ compensation, but they are not. Railroad workers who have been injured must be aware of the differences between these two types of claims in order to obtain the best possible representation. In the event of an injury, a knowledgeable lawyer can assist the injured employee or the family members of a deceased railroad employee to understand the different types of damages available for their claim. The person who has been injured will be able to receive the maximum amount of compensation permitted by FELA. If you’re a railroad employee injured while on the job, consult an attorney from a firm that is Designated Legal Counsel.